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INDONESIA
JURNAL HUKUM
Published by Universitas Islam Sultan Agung
ISSN : 14122723     EISSN : 27236668     DOI : http://dx.doi.org/10.26532/jh
Core Subject : Religion, Humanities, Social,
Religion Humanities Social Sciences
The aims of this journal is to provide a venue for academicians, researchers and practitioners for publishing the original research articles or review articles. The scope of the articles published in this journal deal with a broad range of topics, including: Criminal Law; Civil Law; International Law; Constitutional Law; Administrative Law; Islamic Law; Economic Law; Medical Law; Adat Law; Environmental Law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 215 Documents
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Institutional Roles and Mechanisms in Upholding Legal Protection Under Consumer Protection Law in the Era of Globalization Wiwik Sri Widiarty; Md Hasnath Kabir Fahim
Jurnal Hukum Vol 40, No 2 (2024): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v40i2.40717

Abstract

Consumer protection law is essential in safeguarding rights against fraud and unfair practices, relying on both private institutions and governmental enforcement. This study aims to analyze the legal frameworks of consumer protection in Indonesia. It also examines the roles of institutions in the legal enforcement of consumer protection, particularly their function in maintaining the balance of relations between consumers and producers in the context of globalization and extensive online marketing. The methodology employed is normative legal research, which examines Indonesia’s Consumer Protection Law (Law Number 8 of 1999) through the lens of key concepts such as consumer rights, the institutional roles in enforcing these rights, and ensuring fair business practices. The findings underscore the importance of various consumer protection institutions, such as National Consumer Protection Agency (Badan Perlindungan Konsumen Nasional or BPKN), Non-Governmental Consumer Protection Institution (Lembaga Perlindungan Konsumen Swadaya Masyarakat or LPKSM), Consumer Dispute Resolution Agency (Badan Penyelesaian Sengketa Konsumen or BPSK), in Indonesia, which serve to educate, supervise, and assist consumers in resolving disputes with businesses. This study also identifies the challenges in implementing consumer protection law, particularly concerning the broad range of involved institutions, as well as the need for heightened consumer awareness and greater accountability from business actors.
The Corporate Liability of Airline Service Business Actors in Indonesia: An Islamic Law Perspective Hartono, Teguh; Hartiwiningsih, Hartiwiningsih; Suwadi, Pujiono
Jurnal Hukum Vol 40, No 2 (2024): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jh.40.2.37-62

Abstract

This study aims to analyze the weaknesses of the corporate liability arrangements of airline service business actors for consumer protection in the perspective of Islamic law in Indonesia. Legal research in the form of prescriptive, with statutory, case, conceptual and comparative approach. Comparative legal studies were conducted with Malaysia, Singapore and Australia supported by the theory of maqashid shariah, welfare state theory and justice theory. The research shows that; First, there are weaknesses in the regulation of liability of business actors in the Consumer Protection Law and the Aviation Law, which have not been able to reach the liability. Beside that, it is not fulfilled the principle of Al-adl because of justice, balance, and equality that describe the horizontal dimension. Second, there is prescription for future arrangements in the corporate liability of airline business actors in the perspective of Islamic law. The position of consumers and business actors should be equal based on the maqashid shariah. Aviation Service Business Actors must be responsible for consumer losses whose rights are violated as regulated in the Qur'an and Hadith. Based on the principle of Al-adl in maqashid shariah, it is necessary to reconstruct the regulation of aviation law and consumer protection law.
Legal Certainty in Green Bonds: The Role of Coherence, Legitimacy, Economic Benefits, and Government Authority Hutahayan, Benny; Fadli, Moh.; Amimakmur, Satria Amiputra; Dewantara, Reka; Tumanggor, Manumpan S.; Djajadikerta, Hadrian Geri
Jurnal Hukum Vol 40, No 2 (2024): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jh.40.2.341-358

Abstract

This study explores the critical factors shaping legal certainty in green bond issuance, focusing on the roles of coherence in bond issuance objectives, legislative legitimacy, economic benefits, and governmental authority. Legal certainty is essential in fostering investor confidence, reducing risks such as greenwashing, and ensuring compliance with environmental and regulatory standards. The research employs Partial Least Squares Structural Equation Modeling (PLS-SEM) to analyze data collected from institutional investors with a recommended sample of 300 participants, revealing that economic benefits have the most significant impact on legal certainty, followed by governmental authority, legislative legitimacy, and coherence of objectives. The results underscore the importance of clear and measurable objectives in green bond issuance, transparency in the legislative process, and consistent governmental oversight. These findings highlight the need for robust legal frameworks that ensure both environmental sustainability and financial stability. The study's implications suggest that policymakers and regulators must prioritize the harmonization of green bond regulations to promote cross-border investments and long-term market growth.
Legal Safeguards for Victims of Data Dissemination Crimes and Cybercrime Protection Enggarsasi, Umi; Sa’diyah, Nur Khalimatus; Martio, Pratama Alifiandi
Jurnal Hukum Vol 40, No 2 (2024): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jh.40.2.258-277

Abstract

In the digital age, legal protections for personal data are insufficient, leaving individuals vulnerable to financial losses from data theft and criminal dissemination of personal information. This research focuses on assessing the effectiveness of existing regulations, such as Law Number 27 of 2022 Concerning Personal Data Protection. Employing an empirical juridical approach for field research and a conceptual approach for theoretical analysis. The analysis underscores that personal data, crucial for identification, is a frequent target for malevolent actors seeking financial gain, leading to profound consequences for victims. Incidents of personal data theft, often orchestrated by fraudsters, extend beyond financial losses, compromising personal information available for purchase on clandestine online platforms like the dark web. Despite existing regulations, the research identifies a significant gap in providing clear guidelines for safeguarding individuals in the digital era. The study concludes that the current legal framework, while foundational, requires a more comprehensive focus on the Personal Data Protection Law due to inherent weaknesses. This research contributes valuable insights into the evolving legal landscape surrounding personal data crimes in Indonesia, ensuring a comprehensive understanding of legal protections for victims amidst technological advancements.
Economic Opportunities of Offshore Banking and Regulatory Responses to Money Laundering Risks: A Comparative Study Chandra, Tofik Yanuar; Hossain, Mohammad Belayet; Zakhiri Md. Nor, Mohd; Abu Taher, Mohammad
Jurnal Hukum Vol 40, No 2 (2024): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jh.40.2.153-173

Abstract

Offshore banking offers significant opportunities for foreign investment and economic growth in developing countries, particularly for free trade zones and industrial sectors. However, it also presents potential risks related to money laundering if Anti-Money Laundering (AML) regulatory frameworks are not properly established or reinforced. This research aims to explore the potential economic benefits of developing comprehensive regulatory frameworks for offshore banking in Indonesia, while also mitigating the risks of money laundering and financial crime. To achieve this, the research adopts a qualitative approach, utilizing a comparative method to analyze the offshore banking regulations of Malaysia, Bangladesh, and Indonesia. The findings reveal that Malaysia has been utilizing offshore banking since 1990 in Labuan, while Bangladesh is currently enacting the Offshore Banking Act (OBA) 2024. Indonesia’s AML framework, under Law No. 8 of 2010, has made progress, but challenges remain in its implementation, especially concerning offshore banking. The research highlights that while Malaysia and Bangladesh have established frameworks to regulate offshore banking, Indonesia still faces regulatory gaps, particularly in managing the risks of offshore financial activities. The implication is that while offshore banking holds potential, its regulation must be reinforced to prevent its use in money laundering activities, including through international cooperation.
Legal Uncertainty Regarding the Status of Children Born Out of Wedlock in the Perspective of Hifdzu al-Nasl Husien, Syarief
Jurnal Hukum Vol 40, No 2 (2024): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jh.40.2.63-74

Abstract

The concept of hifzu al-nasl in maqasid sharia emphasizes the importance of protecting one's nasab, providing legal protection, and fulfilling children's rights to achieve a prosperous life in this world and the hereafter. The aim of the resulting research is to analyze the concept of hifdzu al-nasl in maqasid as-syariah in legal certainty regarding the status of children outside of marriage. This research uses a doctrinal research approach. In the context of hifzu al-nasl, the principles of maqasid as-syariah emphasize the need to protect the nasab, uphold the rights of children, and guarantee the welfare of descendants to achieve justice in this world and the hereafter. The novelty of this research highlights the importance of an integrative approach between positive law and Islamic law to overcome legal uncertainty surrounding illegitimate children, as well as expanding the meaning of hifzu al-nasl by including recognition of children's rights without linking them directly to biological birth.
The Injustice of Criminal Guidelines in the Act of Corruption Crime Margono, Margono; Bawono, Bambang Tri; Prayitno, Ahmad Hadi; Rimbawan, Andhika Yuli; Laksana, Andri Winjaya
Jurnal Hukum Vol 40, No 2 (2024): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jh.40.2.359-374

Abstract

Corruption is an extraordinary crime that can damage the joints of the life of the nation and state. Corruption can cause various negative impacts, such as: reducing state revenues from the tax sector, reducing government spending in the education sector, resulting in low-quality infrastructure being built, slowing economic growth, causing government instability. The aims of this study is to find out about the injustice in the regulation of criminal guidelines for corruption crimes which makes the enforcement of corruption laws less strict in their punishment. The research method used normative juridical. The results of the study state that the Criminal Guidelines for Articles 2 and 3 of the Corruption Eradication Law in order to better cover other articles of corruption crimes and must change the criminal guidelines for very large losses must consider implementing maximum punishment in accordance with the criminal guidelines, the novelty produced for the criminal guidelines for corruption crimes must be regulated regarding the highest loss value must be adjusted to the heaviest punishment in accordance with the criminal guidelines in the Criminal Code.
Legal Implications of the Articles of Association in Foundation Governance Putra, Tria Sasangka; Akbar, Bahrullah
Jurnal Hukum Vol 40, No 2 (2024): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jh.40.2.278-290

Abstract

Foundations play a significant role in supporting social missions, and understanding their legal obligations, as stated in the Articles of Association, is essential to ensuring their sustainability. This research examines the legal framework governing foundations in Indonesia, specifically focusing on Law Number 28 of 2004, which outlines the requirements for foundation establishment and operation. The study uses a qualitative, normative juridical approach to analyze the legal implications of mismanagement in foundation operations that deviate from the Articles of Association. The research highlights how non-compliance with these guidelines—especially the Articles of Association—along with the failure to submit financial reports and adhere to governance standards, can lead to serious legal and socio-economic consequences. The findings emphasize that mismanagement can damage a foundation’s credibility, cause internal conflicts, and result in legal claims from stakeholders. The study also explores the importance of effective government oversight, particularly by the Ministry of Law, in ensuring foundations comply with legal regulations. To address violations, the research suggests several approaches, including internal resolutions, legal reporting, and stronger supervision. Its further advocates for increased legal awareness and training for foundation managers to prevent violations and safeguard the foundation's integrity.
Land Acquisition for Public Interest: Balancing State Control and Individual Property Rights Aarce Tehupeiory; Suwarno Suwarno; Ramisa Jahan; Mohit Islam
Jurnal Hukum Vol 40, No 2 (2024): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v40i2.40736

Abstract

Land acquisition is essential for public development, but it often causes disputes over land rights and compensation when governments acquire land for economic and infrastructural projects. This research aims to address the challenges in land acquisition, particularly focusing on the shift from land “management” to land “ownership” in for public interest. The study seeks to highlight issues related to coercion, inadequate compensation, and the lack of proper consideration for individual landowners during the acquisition process. This study employs doctrinal research, using a combination of the statutory approach to analyze the balance between the State's control and individual property rights in land acquisition. The study finds that while land acquisition is legally grounded in principles of land control and protection for landholders, its implementation often fails to respect the rights of individual landowners. Issues of coercion and inadequate compensation persist, and the shift from land management to ownership in development activities exacerbates these problems. Simplifying the land acquisition bureaucracy while maintaining respect for land rights, fairness, and caution is essential for a more just and efficient process, aligning with principles of justice and proper compensation.
The Urgency of Restorative Justice in Renewing Criminal Law Henny Saida Flora; Maidin Gultom; Parulian Samosir; Khomaini Khomaini; Bobur Sobirov
Jurnal Hukum Vol 40, No 2 (2024): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v40i2.38943

Abstract

This change in the concept of punishment is partly due to the consequences of imprisonment having greater negative effects and not proving its success in reducing crime rates. The purpose of this writing is to analyze the retributive justice paradigm in current criminal law enforcement, and to analyze the urgency of restorative justice in criminal law reform in Indonesia. The research uses a normative juridical approach and the specifications of this research use descriptive analysis methods. The results of this research are that the punishment system through imprisonment makes a prisoner isolated from society and family, so that psychologically the prisoner can experience stress and decline in mental health. The concept of restorative justice offers a recovery process that involves the perpetrator and victim or the victim's family directly in solving the problem. The application of restorative justice returns the conflict to the parties in order to emphasize human rights and the need to restore the impact of social injustice in a simple way, still providing the perpetrators with justice rather than formal (legal) justice where victims do not get justice. Restorative justice also seeks to restore security, personal respect and dignity to the victim.

Page 16 of 22 | Total Record : 215

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